Section 100: Grounds for Declaring an Election Void

Section 100 sets out when the High Court must declare the election of a returned candidate void in an election petition. It distinguishes grounds that directly invalidate an election from irregularities for which a material effect on the result must be proved, and provides a limited exception for certain corrupt practices by agents.

Meaning of key terms

Returned candidate means the candidate whose election has been declared. An election petition is a statutory challenge to an election presented under Section 81. A corrupt practice is conduct falling within the statutory categories specified in Section 123 of the Act, such as bribery or undue influence when the statutory elements are established.

Section 100(1): Grounds requiring the election to be declared void

Subject to the exception in sub-section (2), the High Court shall declare the returned candidate's election void if it finds any of the following statutory grounds:

Clause (a): Lack of qualification or disqualification

On the date of election, the returned candidate was not qualified, or was disqualified, to be chosen for the seat under the Constitution, the Representation of the People Act, 1951, or the Government of Union Territories Act, 1963, as applicable. Relevant constitutional provisions include Articles 84, 102, 173 and 191, depending on the legislature concerned.

Clause (b): Corrupt practice by candidate or with consent

A corrupt practice was committed by the returned candidate, the candidate's election agent, or another person with the consent of the returned candidate or the election agent. The nature of the practice and the necessary statutory elements must be established by evidence.

Clause (c): Improper rejection of nomination

Any nomination was improperly rejected. This is an independent ground under clause (c), unlike improper acceptance of a nomination under clause (d)(i), for which material effect on the result must be established.

Clause (d): Irregularities materially affecting the result

The result of the election, insofar as it concerns the returned candidate, was materially affected by one or more of the following:

1. Improper acceptance of any nomination [Section 100(1)(d)(i)].
2. Corrupt practice committed in the interests of the returned candidate by an agent other than the election agent [Section 100(1)(d)(ii)].
3. Improper reception, refusal or rejection of any vote, or reception of a void vote [Section 100(1)(d)(iii)].
4. Non-compliance with the Constitution, the Act, or rules or orders made under the Act [Section 100(1)(d)(iv)].

The requirement of material effect is important: proof of an irregularity under clause (d) alone does not automatically invalidate the election. The petitioner must establish that it materially affected the returned candidate's result.

Section 100(2): Limited exception for an agent's corrupt practice

Where a corrupt practice is attributable to an agent other than the election agent, the High Court may decide that the election is not void if it is satisfied of all the statutory safeguards:

1. No such corrupt practice was committed by the candidate or election agent, and every such practice was contrary to their orders and without their consent.
2. The candidate and election agent took all reasonable means to prevent corrupt practices at the election.
3. In every other respect, the election was free from corrupt practices by the candidate or any of the candidate's agents.

This protection is limited and depends on the High Court being satisfied that the conditions are met. It does not excuse a corrupt practice committed by the returned candidate or election agent or with their consent.

How Section 100 works with other election-petition provisions

Section 98 specifies the orders the High Court can make after trial, including declaring an election void. Section 99 deals with findings on alleged corrupt practices, persons proved guilty of them, and costs, subject to notice and hearing safeguards. Section 97 governs recrimination where a declaration that another candidate was duly elected is sought.

The petition must also satisfy the material-facts and, where relevant, corrupt-practice particulars and verification requirements of Section 83. Section 100 identifies substantive grounds for setting aside the result; it does not dispense with procedural and evidentiary requirements.

Official legal resources

For the operative statutory text, amendments and related rules, consult India Code and the Legislative Department. Election instructions and notifications are available from the Election Commission of India; judicial decisions may be checked through the Supreme Court of India.